If you qualify for a Chapter 7 bankruptcy, otherwise known as liquidation, then you are legally entitled to be excused from your debts through a bankruptcy discharge. On the other hand, in a Chapter 13 bankruptcy, known as reorganization, you assert that you will repay some pre-arranged portion of your debt. In a Chapter 13, any back taxes, child support, alimony, and other specific types of debt are typically paid in full, while payment on unsecured debts (like credit cards, personal loans, medical bills, etc.) have a lesser priority by law. A Chapter 13 case will last between three to five years, however, nothing prevents you from completing your Chapter 13 early, or from terminating the bankruptcy at your discretion.
If you begin a Chapter 13 Plan and lose your job, suffer loss of income, or simply find the repayment schedule impossible to pay, then you may be able to convert your case to a Chapter 7 bankruptcy. Whether a conversion is possible will depend upon your individual financial circumstances. Moreover, you will have to overcome any “bad faith” objections to your conversion by the bankruptcy trustees assigned to your case.
Make sure you thoroughly understand your options before filing for bankruptcy or attempting a conversion from Chapter 13 to Chapter 7. An experienced bankruptcy attorney will be able to advise you of your options and prepare a solution appropriate to your unique circumstances. Consult a bankruptcy lawyer in DC by calling 202-448-5136.